Construction Notes

Collaborative Contracting for Major Infrastructure Projects

CASE DIGEST: Court rejected narrow interpretation of guarantee issued by parent company which sought to limit extent of guarantor's on demand liability to those claims where liability was admitted and only quantum was disputed

The rule on penalties in Makdessi applied to EPC contracts

The prevention principle is not an overriding principle of law: express terms allocating risk of concurrent delay still prevail

Contractor's liability for design - Interpreting potentially conflicting standards

The Supreme Court has reversed the Court of Appeal's decision in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd and another [2017] …

The limits of the duty of mutual trust and cooperation

The NEC Form of Contract is now in wide use. The first clause says that the parties "shall act as stated in this contract and in a spirit of mutual trust …

Design liability under the NEC form of contract

In SSE Generation Limited v Hochtief Solutions AG and another decided on 21st December 2016, the Court of Session in Scotland considered a contractor's …